Out-of-State Foster & Adoption Agencies

As of September 30, 2008, the California Penal Code section 11170(e)(1) was modified to broaden the request acceptance platform to allow the California Department of Justice (DOJ) to perform out of state Child Abuse Central Index (CACI) search requests pursuant to the Adam Walsh Child Protection and Safety Act of 2006.

Pursuant to California Penal Code section 11170(e)(1), the California Department of Justice (DOJ) shall make Child Abuse Central Index (CACI) information available to out-of-state foster care and adoption agencies for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006. The DOJ will make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subdivision (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than conducting of background checks in foster or adoption placement cases.

Response From the DOJ

Please allow at least 30 days processing time for all inquiry requests.

The DOJ will respond to the request for a CACI search in the following ways:

If the request for a CACI search was submitted on the Child Abuse Central Index Inquiry Request for Out-of-State Foster & Adoption Agencies form, the DOJ will indicate the results of the search by checking the appropriate box at the bottom of the form.

If the CACI search results in a possible match, the DOJ will provide the name of the reporting agency, the date of the report, and the report number and/or case name. California law requires that the requesting agency confirm the information by retrieving and examining the actual records identified in the CACI.

Requesting Agency’s Responsibilities Regarding the Use of CACI Information Received From the California DOJ

Pursuant to California Penal Code section 11170(e)(2), agencies receiving possible match information from the DOJ are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents, or adult residents of the home.

Include a copy of the DOJ’s CACI inquiry response when attempting to obtain the original investigative report from the reporting agency.

Statutory Authority

California Penal Code section 11170(e)(1) The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subdivision (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.
(2) With respect to any information provided by the department in response to the out-of-state agency’s request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive parents.